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UNITED STATES v. MISSOURI-KANSAS-TEXAS RAILROAD CO.

No. 6207.

273 F.2d 474 (1959)

UNITED STATES of America, Appellant, v. MISSOURI-KANSAS-TEXAS RAILROAD CO., Appellee.

United States Court of Appeals Tenth Circuit.

December 29, 1959.

Attorney(s) appearing for the Case

Wilbur G. Leonard, U. S. Atty., Topeka, Kan., Milton P. Beach, Asst. U. S. Atty., Kansas City, Kan., Sydney Brodie, Atty., Dept. of Justice, and Henry L. Hilzinger, Atty., Interstate Commerce Commission, Washington, D. C., for appellant.

Joseph H. McDowell, Kansas City, Kan., and Lloyd W. Jones, Denison, Tex., for appellee.

Before HUXMAN, PICKETT and LEWIS, Circuit Judges.

PICKETT, Circuit Judge.

The United States brought this action to recover statutory penalties for violations of the Safety Appliance Acts, 45 U.S.C.A. §§ 1 to 16. The complaint alleges nine violations, in separate causes of action, predicated upon the defective condition of nine different railroad cars. The case was submitted to the trial court upon stipulated facts. The Railroad confessed judgment in six causes...

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